Clean Fuels Innovation Act of 2012 - Requires the Secretary of the Interior to: (1) complete the Programmatic Environmental Impact Statement (EIS) for Solar Energy Development in Six Southwestern States in accordance with the National Environmental Policy Act of 1969 (NEPA) to analyze the potential impacts of the development of renewable energy on public land and any land use plans, and (2) amend such land use plans as determined appropriate. Establishes similar requirements for the Secretary of Agriculture (USDA) with respect to National Forest System land.
Requires the Secretary of Interior to establish a renewable energy leasing pilot program under which lease sales of certain sites are conducted on covered lands administered by the Secretary to carry out renewable energy projects. Requires the Secretary of the Interior and the Secretary of Agriculture to jointly determine whether or not to expand the pilot program to all covered lands. Defines "covered land" to mean land that is public land or National Forest System land and not excluded from the development of renewable energy under federal law.
Establishes the Renewable Energy Resource Conservation Fund to be administered by the Secretary of the Interior for mitigating the impacts of renewable energy on federal land and carrying out any activity authorized under the Land and Water Conservation Fund Act of 1965, with the exception of the acquisition of land, water, or interests therein.
Requires the Secretary of Defense (DOD) to submit a report that: (1) identifies locations on certain military installations in the United States that could be developed for renewable energy production, and (2) describes the administration of the development of commercial-scale renewable energy projects on such installations. Requires the Secretary of Defense to publish a notice of intent to prepare an EIS to support the development of renewable energy on the locations identified.
Requires the Secretary of the Interior and the Secretary of Agriculture to determine the feasibility of carrying out a mitigation banking program on federal lands administered by the Secretaries to offset the impacts of renewable energy on such lands.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6503 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6503
To promote the development of renewable energy on certain Federal land,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 21, 2012
Mr. Bilbray introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committees on
Agriculture and Armed Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To promote the development of renewable energy on certain Federal land,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Clean Fuels
Innovation Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Programmatic environmental impact statements and land use
planning on covered land.
Sec. 4. Pilot program for development of renewable energy on public
land and expansion of pilot program to
covered land.
Sec. 5. Royalties.
Sec. 6. Disposition of royalty revenue.
Sec. 7. Report and environmental impact analysis on development of
renewable energy on military installations.
Sec. 8. Study and report on mitigation banking.
SEC. 2. DEFINITIONS.
In this title:
(1) Covered land.--The term ``covered land'' means land
that is--
(A) public land or National Forest System land; and
(B) not excluded from the development of renewable
energy under--
(i) a final land use plan established under
the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(ii) a final land and resource management
plan established under the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16
U.S.C. 1600 et seq.); or
(iii) Federal law.
(2) Fund.--The term ``Fund'' means the Renewable Energy
Resource Conservation Fund established under section 6(b).
(3) Military installation.--The term ``military
installation'' has the meaning given such term in section
2801(c) of title 10, United States Code.
(4) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(5) Renewable energy.--The term ``renewable energy'' means
energy derived from--
(A) a renewable energy source (as defined in
section 2924 of title 10, United States Code); or
(B) algae.
(6) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to
public land; and
(B) the Secretary of Agriculture, with respect to
National Forest System land.
SEC. 3. PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENTS AND LAND USE
PLANNING ON COVERED LAND.
(a) Programmatic Environmental Impact Statements for Public Land.--
Not later than one year after the date of the enactment of this Act,
the Secretary of the Interior shall, with respect to public land--
(1) complete the Programmatic Environmental Impact
Statement for Solar Energy Development in Six Southwestern
States (BLM/DES 10-59; DOE/EIS-0403) in accordance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) to analyze the potential impacts of the development of
renewable energy on such land and any amendments to the land
use plans in effect on such land on the date of the enactment
of this Act required for such development; and
(2) after conducting the analysis under paragraph (1),
amend the land use plans referred to in such paragraph, as the
Secretary determines is appropriate.
(b) Programmatic Environmental Impact Statements for National
Forest System Land.--Not later than two years after the date of the
enactment of this Act, the Secretary of Agriculture shall, with respect
to National Forest System land--
(1) publish in the Federal Register a notice of intent to
prepare a programmatic environmental impact statement in
accordance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) to analyze the potential impacts of
the development of renewable energy on such land and any
amendments to the land use plans in effect on such land on the
date of the enactment of this Act required for such
development; and
(2) after conducting the analysis under paragraph (1),
amend the land use plans referred to in such paragraph, as the
Secretary determines is appropriate.
(c) Effect on Processing Applications.--The requirement for
completion of programmatic environmental impact statements under this
section shall not result in any delay in processing or approving of
applications for the development of renewable energy on covered land.
SEC. 4. PILOT PROGRAM FOR DEVELOPMENT OF RENEWABLE ENERGY ON PUBLIC
LAND AND EXPANSION OF PILOT PROGRAM TO COVERED LAND.
(a) Pilot Program on Selected Public Land.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Interior
shall establish a renewable energy leasing pilot program under
which the Secretary conducts lease sales of certain sites
located on covered land administered by the Secretary for
purposes of carrying out renewable energy projects.
(2) Selection of sites on covered land.--
(A) In general.--Not later than 90 days after the
date the pilot program is established under paragraph
(1), the Secretary shall select from covered land
administered by the Secretary two sites for the
development of renewable energy projects in each of the
five regional areas of the United States, as follows:
(i) Northeast.--The Northeast region,
consisting of the States of Connecticut,
Delaware, Maine, Maryland, Massachusetts, New
Hampshire, New Jersey, New York, Pennsylvania,
Rhode Island, and Vermont.
(ii) Southeast.--The Southeast region,
consisting of the District of Columbia and the
States of Alabama, Florida, Georgia,
Mississippi, North Carolina, South Carolina,
Tennessee, Virginia, and West Virginia.
(iii) Central.--The Central region,
consisting of the States of Arkansas, Illinois,
Indiana, Iowa, Kansas, Kentucky, Louisiana,
Michigan, Missouri, Nebraska, Ohio, and
Wisconsin.
(iv) Southwest.--The Southwest region,
consisting of the States of Arizona,
California, Colorado, Hawaii, Nevada, New
Mexico, Oklahoma, and Texas.
(v) Northwest.--The Northwest region,
consisting of the States of Alaska, Idaho,
Minnesota, Montana, North Dakota, Oregon, South
Dakota, Utah, Washington, and Wyoming.
(B) Site selection.--In selecting sites under
subparagraph (A), the Secretary shall--
(i) give a preference to sites that the
Secretary determines--
(I) are likely to attract a high
level of renewable energy industry
interest;
(II) have a comparatively low value
for resources other than renewable
energy; and
(III) would serve as models for the
expansion of the pilot program to other
locations if the program is expanded
under subsection (c);
(ii) take into consideration the value of
the multiple resources of the covered land on
which such sites are located; and
(iii) not select any site for which a
right-of-way for site testing or construction
has been issued under title V of the Federal
Land Policy and Management Act of 1976 (43
U.S.C. 1761 et seq.).
(3) Lease sales of project sites.--
(A) In general.--Except as provided in paragraph
(4)(B)(i), not later than 180 days after the date on
which sites are selected under paragraph (2), the
Secretary shall offer each site for competitive leasing
under such terms and conditions as the Secretary
requires.
(B) Bidding.--Bidding on a site offered for lease
under this subsection shall be--
(i) limited to one round;
(ii) open only to bidders who--
(I) submit a plan of development
for such site together with the bid;
and
(II) the Secretary determines are
qualified under subparagraph (C)(ii);
and
(iii) conducted using a bidding system
selected by the Secretary, including--
(I) a cash bonus bids system
requiring payment of the royalty
established under this title;
(II) a variable royalty bids system
based on a percentage of the gross
proceeds from the sale of electricity
produced from the site offered for
lease, except that the royalty shall
not be less than the royalty required
under this title, together with a fixed
cash bonus; or
(III) such other bidding system as
ensures a fair return to the public
consistent with the royalty established
under this title.
(C) Bidder qualifications.--The Secretary shall--
(i) before conducting any lease sale under
this subsection, establish qualification
requirements for bidders on a site offered for
lease that ensure that such bidders, with
respect to renewable energy projects--
(I) are able to expeditiously
develop such a project on the site;
(II) possess the financial
resources necessary to complete such a
project;
(III) possess knowledge of the
technology needed to complete such a
project;
(IV) meet the eligibility
requirements for leasing under the
first section of the Mineral Leasing
Act (30 U.S.C. 181); and
(V) possess such other
qualifications as the Secretary
determines are necessary; and
(ii) using the requirements established
under clause (i), determine whether a person is
qualified to be a bidder on a site offered for
lease under this subsection.
(D) Credit for bid preparation expenditures.--In
the case of a site offered for lease under this
subsection with respect to which more than one bid is
submitted on the date of the lease sale of such site,
the Secretary shall give credit to each person who
submitted a bid with respect to such site for
expenditures such person incurred in the preparation of
such bid.
(E) Fees, charges, and commissions.--Section 304 of
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1734) shall apply to a bid submitted under this
subsection.
(4) Lease terms.--
(A) In general.--The Secretary may establish such
lease terms and conditions, including the duration of
the lease with respect to any site offered for lease
under this subsection.
(B) Short-term leases for data collection.--In
carrying out this subsection, the Secretary shall--
(i) offer on a noncompetitive basis a
short-term lease on not less than one site
selected under paragraph (2) for purposes of
data collection; and
(ii) upon the expiration of the short-term
lease, offer on a competitive basis a long-term
lease, giving credit toward the bonus bid
submitted with respect to the long-term lease
to the holder of the short-term lease for any
qualified expenditures made by such holder to
collect data or to develop the site during such
short-term lease.
(5) Revenues.--Subject to section 5, the Secretary may
collect bonus bids, royalties, fees, or other payments (except
rental payments) with respect to sites offered for lease under
this subsection.
(6) Report.--Not later than 90 days after the date on which
the Secretary conducts the final lease sale under this
subsection, the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives a report on
the results of each lease sale conducted under this subsection,
including--
(A) the level of competitive interest;
(B) a summary of bids and revenues received; and
(C) any other factors that may have impacted the
lease sale.
(7) Other laws.--
(A) Compliance with land management and
environmental laws.--In offering sites for lease under
this subsection, the Secretary shall comply with--
(i) all Federal laws applicable to public
land or National Forest System land; and
(ii) Federal or State environmental laws or
any other relevant laws.
(B) Applicability to renewable energy projects
under other federal laws.--Nothing in this subsection
shall be construed so as to prohibit the Secretary from
issuing rights-of-way with respect to renewable energy
projects in compliance with other Federal laws and
regulations in effect on the date of the enactment of
this Act.
(8) Enforcement of federal land policy management.--
(A) In general.--Sections 302(c) and 303 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1732(c), 1733) shall apply to activities
conducted on sites offered for lease under this
subsection.
(B) Effect on enforcement authority under other
federal law.--Nothing in this subsection shall be
construed so as to reduce or limit the enforcement
authority vested in the Secretary of the Interior or
the Attorney General on covered land under any other
Federal law.
(b) Temporary Extension of Pilot Program.--Until final regulations
are issued under subsection (c)(4), the Secretary of the Interior shall
continue to carry out the pilot program under subsection (a) on the
sites offered for lease under such subsection. The Secretary may extend
any lease issued for such sites under subsection (a) under the same
terms and conditions applicable to such lease on the date of the lease
sale as necessary until final regulations are issued under subsection
(c)(4) with respect to such sites.
(c) Expansion of Pilot Program to All Covered Land.--
(1) Joint determination required.--Not later than 5 years
after the date of the enactment of this Act, the Secretary of
the Interior and the Secretary of Agriculture shall jointly
determine whether to expand the pilot program established under
subsection (a) to apply to all covered land, including sites
with respect to which leases were issued under subsection (a).
In making such determination, the Secretary of the Interior and
the Secretary of Agriculture shall--
(A) take into consideration the results of the
pilot program;
(B) consult with--
(i) the heads of Federal agencies and
relevant State agencies (including State fish
and wildlife agencies);
(ii) interested States, Indian tribes, and
local governments;
(iii) representatives of the renewable
energy industries;
(iv) representatives of the environment,
conservation, and outdoor sporting communities;
and
(v) the public; and
(C) consider whether such expansion--
(i) provides an effective means of
developing renewable energy; and
(ii) is in the public interest.
(2) Expansion authorized.--The pilot program shall be
expanded only if the Secretary of the Interior and the
Secretary of Agriculture determined to expand the pilot program
under paragraph (1).
(3) Report on joint determination.--Not later than 60 days
after making the determination under paragraph (1) to expand
the pilot program, the Secretary of the Interior and the
Secretary of Agriculture shall jointly submit to the Committee
on Energy and Natural Resources of the Senate and the Committee
on Natural Resources of the House of Representatives a report
describing the basis and findings for the determination.
(4) Regulations to implement expansion.--Not later than one
year after making a determination to expand the pilot program
under paragraph (1), the Secretary of the Interior and the
Secretary of Agriculture shall jointly issue final regulations
to implement such expansion on covered land.
(5) Applicability of provisions of pilot program to
expanded program.--
(A) In general.--Except as provided in subparagraph
(B), paragraphs (3), (7), and (8) of subsection (a)
shall apply to covered land offered for lease under
this subsection in the same manner as such paragraphs
apply to sites offered for lease under subsection (a),
except that such paragraphs shall apply as if the terms
``Secretary of the Interior'' and ``Secretary'' read
``Secretary concerned''.
(B) Competitive leasing not required under certain
circumstances.--The requirement under subsection (a)(3)
that a lease be sold on a competitive basis shall not
apply to a lease issued under this subsection if the
Secretary concerned determines that--
(i) no competitive interest exists for the
covered land offered for lease;
(ii) the public interest would not be
served by the competitive issuance of a lease
with respect to such covered land; or
(iii) the lease is for a purpose described
in paragraph (7)(A)(ii).
(6) Payments.--
(A) In general.--Subject to section 5, the
Secretary of the Interior and the Secretary of
Agriculture shall jointly establish fees, bonuses, or
other payments (except rental payments) to ensure a
fair return to the United States for any lease issued
under this subsection.
(B) Bonus bids.--The Secretary concerned may grant
credit toward any bonus bid for a qualified expenditure
by the holder of a lease described in paragraph
(7)(A)(ii) in any competitive lease sale held for a
long-term lease of the covered land that is the subject
of the lease described in such paragraph.
(C) Readjustment.--
(i) In general.--Royalties and other terms
and conditions of a lease issued under this
subsection shall be subject to readjustment--
(I) on the date that is 15 years
after the date on which the lease is
issued; and
(II) every 10 years thereafter.
(ii) Indexing.--Effective on the first day
of the first month beginning after the date of
enactment of this Act and each year thereafter,
the amount of royalties or other terms and
conditions subject to readjustment under clause
(i) shall be adjusted to reflect changes for
the 12-month period ending on the most recent
date for which data are available in the
Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of
the Department of Labor.
(7) Lease duration, administration, and readjustment.--
(A) Duration.--
(i) In general.--Except as provided in
clause (ii), a lease issued under this
subsection shall be for--
(I) an initial term of 25 years;
and
(II) any additional period after
the initial 25-year term during which
electricity is being produced annually
in commercial quantities from the
lease.
(ii) Data collection leases.--In the case
of a lease issued under this subsection for the
placement and operation of a meteorological or
data collection facility or for the development
or demonstration of a new renewable energy
technology, such lease shall have a term of not
more than 5 years.
(B) Administration.--The Secretary of the Interior
and the Secretary of Agriculture shall jointly
establish terms and conditions for the issuance,
transfer, renewal, suspension, and cancellation of a
lease issued under this subsection.
(C) Readjustment provision required.--Each lease
issued under this subsection shall provide for
readjustment in accordance with subparagraph (A).
(8) Surface-disturbing activities.--The Secretary of the
Interior and the Secretary of Agriculture shall jointly issue
regulations regarding surface-disturbing activities conducted
under any lease issued under this subsection, including any
reclamation and other actions necessary for the conservation of
surface resources.
(9) Security.--
(A) In general.--The Secretary concerned shall
require that the holder of a lease issued under this
subsection--
(i) furnish a surety bond or other form of
security, as prescribed by the Secretary;
(ii) provide for the reclamation and
restoration of the covered land that is the
subject of the lease; and
(iii) comply with such other requirements
as the Secretary considers necessary to protect
the interests of the public and the United
States.
(B) Periodic review.--Not less frequently than once
every 5 years, the Secretary concerned shall conduct a
review of the adequacy of the surety bond or other form
of security provided by the holder of a lease issued
under this subsection.
SEC. 5. ROYALTIES.
(a) In General.--The Secretary concerned shall require as a term
and condition of any lease issued under section 4, the payment of a
royalty. The Secretary of the Interior and the Secretary of Agriculture
shall establish such royalty pursuant to a joint rulemaking that shall
be a percentage of the gross proceeds from the sale of electricity
produced on covered land that is the subject of such lease at a rate
that--
(1) encourages production of renewable energy;
(2) ensures a fair return to the public comparable to the
return that would be obtained on State or private land; and
(3) encourages the maximum energy generation while
disturbing the least quantity of covered land and other natural
resources, including water.
(b) Consideration.--In establishing the royalty under subsection
(a), the Secretary of the Interior and the Secretary of Agriculture
shall consider the relative capacity factors of the source of the
renewable energy.
(c) Exclusive Payment on Sale of Electricity.--The royalty under
subsection (a) shall be the only rent, royalty, or similar payment to
the Federal Government required with respect to the sale of electricity
produced under a lease issued under section 4.
(d) Royalty Relief.--The Secretary concerned may reduce the royalty
rate established under subsection (a) if the holder of a lease issued
under this title shows by clear and convincing evidence that--
(1) collection of the full royalty would unreasonably
burden energy generation on covered land that is the subject of
the lease; and
(2) the royalty reduction is in the public interest.
(e) Enforcement.--
(1) Auditing system.--The Secretary of the Interior and the
Secretary of Agriculture shall jointly establish a
comprehensive inspection, collection, fiscal, and production
accounting and auditing system--
(A) to accurately determine royalties, interest,
fines, penalties, fees, deposits, and other payments
owed under this title; and
(B) to collect and account for the payments in a
timely manner.
(2) Applicability of federal oil and royalty management
act.--The provisions of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1701 et seq.) (including the
civil and criminal enforcement provisions of such Act) shall
apply to leases issued under this title with respect to
renewable energy projects in the same manner as such provisions
apply to oil and gas leases.
(f) Report on Royalties.--Not later than 5 years after the date of
the enactment of this Act and every 5 years thereafter, the Secretary
of the Interior, in consultation with the Secretary of Agriculture,
shall submit to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives a report consisting of a review of the collections and
impacts of the royalties and fees collected under this title,
including--
(1) the total revenues received (by category) on an annual
basis as royalties from renewable energy development and
production (specified by energy source) on covered land;
(2) whether the revenues received from the development of
renewable energy development are comparable to the revenues
received for similar development on State or private land;
(3) any impact on the development of renewable energy
development and production on covered land as a result of the
royalties; and
(4) any recommendations with respect to changes in Federal
law (including regulations) relating to the amount or method of
collection (including auditing, compliance, and enforcement) of
the royalties.
(g) Regulations.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Interior and the Secretary
of Agriculture shall jointly issue final regulations to carry out this
section.
SEC. 6. DISPOSITION OF ROYALTY REVENUE.
(a) Allocation of Revenue.--Effective beginning on the date of the
enactment of this Act, all amounts collected by the Secretary concerned
as royalties or bonuses under subsection (a)(5) or (c)(6) of section 4,
shall be distributed as follows:
(1) Twenty-five percent shall be paid by the Secretary of
the Treasury to States within the boundaries of which the
royalties or bonuses are derived, to be allocated among such
States based on the percentage of covered land from which such
royalties or bonuses are derived in each State.
(2) Twenty-five percent shall be paid by the Secretary of
the Treasury to the counties within the boundaries of which the
royalties or bonuses are derived, to be allocated among such
counties based on the percentage of covered land from which
such royalties or bonuses are derived in each county.
(3) Twenty-five percent shall be deposited in the Fund
(established by subsection (b)).
(4) For the period that begins on the date of the enactment
of this Act and ending on the date that is 15 years after the
date of the enactment of this Act, 15 percent shall be paid by
the Secretary of the Treasury directly to the State offices of
the Bureau of Land Management in States within the boundaries
of which the royalties or bonuses are derived for purposes of
reducing the number of renewable energy permits that have not
been processed before the date of the enactment of this Act, to
be allocated among such State offices based on the percentage
of covered land from which the royalties or bonuses are derived
in each State.
(5) The remainder shall be deposited into the general fund
of the Treasury for purposes of reducing the annual Federal
budget deficit.
(b) Renewable Energy Resource Conservation Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a Renewable Energy Resource Conservation Fund
to be administered by the Secretary of the Interior.
(2) Use of funds.--The Secretary shall use amounts in the
Fund to make payments to State agencies, Federal agencies, or
other interested persons for use for--
(A) mitigating the impacts of renewable energy on
Federal land, including--
(i) protecting fish and wildlife corridors
and other sensitive land; and
(ii) restoring fish and wildlife habitat;
and
(B) carrying out any activity authorized under
Public Law 88-578 (16 U.S.C. 460l-4 et seq.) in the
State, except for the acquisition of land, water, or
interests therein within such State.
(3) Availability of amounts.--Amounts in the Fund shall be
available for expenditure, in accordance with this subsection,
without further appropriation and without fiscal year
limitation.
(4) Investment of fund.--
(A) In general.--Any amounts deposited in the Fund
shall earn interest in an amount determined by the
Secretary of the Treasury on the basis of the current
average market yield on outstanding marketable
obligations of the United States of comparable
maturities.
(B) Use.--Any interest earned under subparagraph
(A) may be expended in accordance with this subsection.
(c) Allocation for Permitting After Expiration of 15-Year
Period.--
(1) Certification by secretary.--At the end of the 15-year
period described in subsection (a)(4), the Secretary shall
certify whether the State offices referred to in such
subsection have adequately reduced the renewable energy
permitting backlog referred to in such subsection.
(2) Allocation after certification.--If the Secretary
certifies under paragraph (1) that--
(A) the State offices referred to in such paragraph
have not adequately reduced the backlog referred to in
such paragraph--
(i) the 15-year period described in
subsection (a)(4) shall be extended by an
additional 15-year period; and
(ii) payments shall continue to be made
during that period as described in such
subsection; or
(B) the State offices referred to in such paragraph
have adequately reduced such backlog--
(i) two-thirds of the amount otherwise
required to be paid under subsection (a)(4)
shall be added to the amount deposited in the
Fund established under subsection (b); and
(ii) one-third of such amount shall be
deposited into the general fund of the Treasury
for purposes of reducing the annual Federal
budget deficit.
(d) Payments to States and Counties.--Amounts paid to States and
counties under subsection (a) shall be used in a manner that is
consistent with section 35 of the Mineral Leasing Act (30 U.S.C. 191).
SEC. 7. REPORT AND ENVIRONMENTAL IMPACT ANALYSIS ON DEVELOPMENT OF
RENEWABLE ENERGY ON MILITARY INSTALLATIONS.
(a) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of the Interior, shall submit to the Committee on Armed
Services and the Committee on Natural Resources of the House of
Representatives and the Committee on Armed Services and the Committee
on Energy and Natural Resources of the Senate a report that--
(1) identifies locations on military installations in the
United States that--
(A) exhibit a high potential for renewable energy
production;
(B) are disturbed or otherwise have a comparatively
low value for uses other than for renewable energy
production; and
(C) could be developed for renewable energy
production in a manner consistent with all present and
reasonably foreseeable military training and
operational missions and research, development,
testing, and evaluation requirements;
(2) describes the actions necessary for the administration
of the development of commercial-scale renewable energy
projects on military installations in the United States,
including the legal authorities governing authorization for
that use; and
(3) makes recommendations regarding--
(A) necessary changes to Federal law (including
regulations) for the development of renewable energy
projects;
(B) the legal instruments available to carry out
such development, including a lease, contract, right-
of-way, permit, or other form of authorization;
(C) methods of improving coordination among the
Federal, State, and local agencies, if any, involved in
authorizing such development; and
(D) the disposition of revenues resulting from such
development.
(b) Environmental Impact Analysis.--Not later than one year after
the report is submitted under subsection (a), the Secretary of Defense,
in consultation with the Secretary of the Interior, shall publish in
the Federal Register a notice of intent to prepare an environmental
impact analysis to support the development of renewable energy on the
locations identified in the report submitted under subsection (a) as
suitable for renewable energy production.
SEC. 8. STUDY AND REPORT ON MITIGATION BANKING.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior and the
Secretary of Agriculture shall carry out a study to determine
the feasibility of carrying out a mitigation banking program on
Federal land administered by the Secretary of the Interior or
the Secretary of Agriculture for purposes of offsetting the
impacts of renewable energy on such Federal land.
(2) Contents.--The study under paragraph (1) shall--
(A) identify areas in which--
(i) privately owned land is not available
to offset the impacts of renewable energy
development on Federal land administered by the
Secretary of the Interior or the Secretary of
Agriculture; or
(ii) mitigation investments on such Federal
land are likely to provide greater conservation
value for the impacts of renewable energy
development on such Federal land; and
(B) examine--
(i) the effectiveness of laws (including
regulations) and policies in effect on the date
of the enactment of this Act in facilitating
the development of mitigation banks;
(ii) the advantages and disadvantages of
using mitigation banks on such Federal land to
mitigate impacts to natural resources on
private land; and
(iii) any changes in Federal law (including
regulations) or policy necessary to further
develop a Federal mitigation banking program.
(b) Report to Congress.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of the Interior and the
Secretary of Agriculture shall jointly submit to Congress a report that
includes--
(1) the recommendations of the Secretary of the Interior
and the Secretary of Agriculture relating to--
(A) the most effective system for Federal land
administered by the Secretary of the Interior or the
Secretary of Agriculture to meet the goals of
facilitating the development of a mitigation banking
program on such Federal land; and
(B) any change to Federal law (including
regulations) or policy necessary to address more
effectively the siting, development, and management of
mitigation banking programs on such Federal land to
mitigate impacts to natural resources on private land;
and
(2) any administrative action to be taken by the Secretary
of the Interior and the Secretary of Agriculture in response to
the recommendations.
(c) Availability to the Public.--Not later than 30 days after the
date on which the report described in subsection (b) is submitted to
Congress, the Secretary of the Interior and the Secretary of
Agriculture shall make the results of the study available to the
public.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on National Parks, Forests and Public Lands.
Referred to the Subcommittee on Energy and Mineral Resources.
Referred to the Subcommittee on Readiness.
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